Judgment of the General Court (Fifth Chamber) of 21 December 2022 –Firearms United Network and Others v Commission (Case T‑187/21)
Grade B
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Not the law itself: Judgment
Address https://gelex.eu/eli/EU/judgment/62021TJ0187_INF@2022-12-21/en
1. Approximation of lawsRegistration, evaluation and authorisation of chemicalsREACH RegulationRestrictions applicable to certain substancesEstablishment of new restrictions and modification of existing restrictionsDiscretion of the EU authoritiesScopeArea involving political, economic and social choicesLimitsObservance of the principle of proportionalityJudicial reviewLimitsManifest error, misuse of powers or manifest exceeding of the limits of the discretion (European Parliament and Council Regulation No 1907/2006, Art. 68(1), and Annex XVII; Commission Regulation 2021/57) (see paragraphs 41-44, 121-123, 136)
2. EU lawGeneral principles of lawLegal certaintyPrinciple that penalties must have a proper legal basisScope (Charter of Fundamental Rights of the European Union, Art. 49(1)) (see paragraphs 103, 107)
Operative part The Court:
1. Dismisses the action;
2. Orders Firearms United Network and Mr Tomasz Walter Stępień, Mr Michał Budzyński and Mr Andrzej Marcjanik to bear their own costs and to pay the costs incurred by the European Commission, including those relating to the proceedings for interim measures;
3. Orders the Federal Republic of Germany, the French Republic and the European Chemicals Agency (ECHA) to bear their own costs.